Organ v. Maxwell
Court of Appeals of Texas
Appeal from District Court, Cooke County; Clem B. Potter, Judge. Trespass to try title by C. L. Maxwell against E. Organ. Judgment for plaintiff, and defendant appeals. The suit was to try the title to lot 3, in block 10, in the town of Myra. It was brought by appellee against appellant. The petition contained the allegations usually made by a plaintiff in the action of trespass to try title.
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Appeal from District Court, Cooke County; Clem B. Potter, Judge. Trespass to try title by C. L. Maxwell against E. Organ. Judgment for plaintiff, and defendant appeals. The suit was to try the title to lot 3, in block 10, in the town of Myra. It was brought by appellee against appellant. The petition contained the allegations usually made by a plaintiff in the action of trespass to try title. The answer consisted of a disclaimer by appellant as to a part of the lot sued for, and, as to the remainder thereof, a plea of not guilty, and a special plea as follows: “Further answering and in…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). Appellant insists that it did not appear from the testimony offered that he and appellee were claiming the part of lot 3 ,in controversy from a common source, and that, as appellee failed to prove that the title asserted by him to said lot emanated from the state, the court erred in instructing the jury that the legal title was in appellee, and in refusing to instruct the jury to find for appellant. The contention would be sustained but for the fact that it appears from his (appellant’s) special plea setting up an estoppel against appellee,…
2Cases cited4 opinions
- Wilson v. PalmerTexas Supreme Court · 1857
- Stegall v. HuffTexas Supreme Court · 1881
- Custard v. MusgroveTexas Supreme Court · 1877
- Gulf, Colorado & Santa Fe Railway Co. v. NelsonCourt of Appeals of Texas · 1893
3Cited by8 opinions
- Luckel v. SessumsCourt of Appeals of Texas · 1934
- Wilkinson v. OwensCourt of Appeals of Texas · 1932
- Pierce v. BakerCourt of Appeals of Texas · 1940
- King v. KlohCourt of Appeals of Texas · 1928
- Pynes v. DoddCourt of Appeals of Texas · 1938
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